# The Pensions Increase (Approved Schemes) (National Health Service) Regulations 1976, Regulation 4: Persons to whom these regulations apply


(1) These regulations shall apply to any person who has attained age 70 or ceased to be employed by an employing authority; and
(a) immediately before attaining that age or ceasing to be so employed—
(i) was in that employment subject to a superannuation scheme; and
(ii) had completed the minimum period of reckonable service and had satisfied any other requirements which would qualify a person for a pension under the Regulations either—
(A) immediately upon ceasing such employment; or
(B) subsequently upon reaching such age as is specified in the Regulations; and
(b) unless he is or was a regulation 75(1) optant has received or has become entitled to receive payment of any retirement benefit under a superannuation scheme; and
(c) either—
(i) has attained the age of 55 years and, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies, has attained the specified age; or
(ii) has retired on account of physical or mental infirmity, or has satisfied the Secretary of State that he is disabled by physical or mental infirmity; or
(iii) is a woman who has at least one dependant.
(2) Notwithstanding the provisions of paragraph (1) of this regulation, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies who, within 12 months of ceasing to be employed by an employing authority, or as a regulation 75(1) optant, enters into any of the employments specified in paragraph 2 of the schedule to these regulations in respect of which the requirements of paragraph 3(a) of that schedule have been fulfilled, these regulations insofar as they apply to a person who has not attained age 70 shall apply only in respect of any further termination of employment under an employing authority and not in respect of any previous termination.

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Source: https://www.legislation.gov.uk/uksi/1976/1451/regulation/4 (the official version)
Page: https://openlegislation.uk/pensions-increase-approved-schemes-national-health-service-regulations-1976/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

